Australian Immigration Daily News

Summary of Migration Amendment (Status of Forces Agreement - Fiji and Timor-Leste) Amendment Regulations 2024

The Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Amendment Regulations 2024 has been issued by the Minister for Immigration and Multicultural Affairs under the Migration Act 1958. The purpose of these Amendment Regulations is to provide flexibility for the commencement of the Schedules to the SOFA Regulations, which facilitate the entry and stay of visiting forces from Fiji and Timor-Leste in Australia.

Key Details:

• The Amendment Regulations modify the commencement provisions of the Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Regulations 2023 to remove the 18-month conditional time constraint.
• This change allows the Agreements to come into force when mutually convenient for Australia and the respective countries (Fiji and Timor-Leste), ensuring that there is no gap in the implementation process.
• The Minister will now be required to announce the day the Agreements enter into force for Australia by notifiable instrument, providing certainty about the commencement time.
• These changes are necessary to align the SOFA Regulations with other related legislation and ensure the smooth execution of international defence cooperation agreements.

The Agreements provide a framework governing the legal status of visiting forces while in Australia, ensuring they are granted Special Purpose Visas to perform their duties. These amendments ensure Australia meets its international obligations and facilitates defence cooperation with Fiji and Timor-Leste.

The Amendment Regulations will come into effect the day after they are registered on the Federal Register of Legislation. They are exempt from sunsetting due to their nature of giving effect to international obligations.

Source: Migration-Amendment-Status-of-Forces-Agreement---Fiji-and-Timor-Leste-Amendment-Regulations-2024.pdf and Migration-Amendment-Status-of-Forces-Agreement---Fiji-and-Timor-Leste-Amendment-Regulations-2024-EXPLANATORY-STATEMENT.pdf